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Godiva Privacy Policy

Godiva Privacy Policy: Your Privacy Rights

Godiva recognizes the importance of maintaining the privacy of our customers (“Customers”), registered members (“Members”) website and app users (collectively, “Users”). This Privacy Policy (the "Policy") describes our practices in connection with Personal Information that we collect through Godiva.com and Godiva.unily.com (collectively, the "Site"), any mobile application (the “App”) and any other websites owned and operated by Godiva (collectively, the “Services”) that directs the viewer or user to this Policy, how we will use, disclose and protect this information once it is collected, and how you can opt-out of some of our uses and disclosures of your information. You acknowledge that your data will be processed in accordance with this Policy. In addition to this Policy, data of California residents will also be processed in accordance with our CCPA Notice here. In the event of a conflict between this Policy and the CCPA Notice, the CCPA Notice will govern for California residents.

Here are a few general principles to keep in mind as you read through this policy:

By using the Services, you agree to the terms of this Policy, as well as the Terms of Use located here. If you do not agree to the terms of this Policy and/or the Terms of Use, please do not use the Services. We may update this Policy from time to time and invite you to review this page periodically. In the event this Policy changes, we will inform you by posting an updated Policy on this web page. All changes will go into effect on the date that they are posted in our Policy. Use of the Services following such changes constitutes your acceptance of the revised Policy then in effect. To the fullest extent permitted by applicable law, the new Policy will apply to all past and current users of Godiva.com and will replace any prior Policies.

Note Regarding the Use of the Services by Persons Under Age 18: The Services are not directed to individuals under the age of eighteen (18), and we request that such individuals not provide Personally Identifiable Information through the Services. If you are under 18 years of age, you may browse our Services; however, you may not provide Personal Information to us such as registering or making a purchase. If we discover that a person under the age of 18 has registered on the Services, we will delete such registration.  If you are under 18 and want to make a purchase, please ask a parent or guardian to place the order for you.

  1. WHAT INFORMATION WE COLLECT AND HOW WE USE IT

Godiva.com does not require Users to register or provide Personal Information to us in order to view our Services. Godiva collects two basic types of information through the Services: (i) "Personally Identifiable Information" ("PII") and (ii) "Non-Personally Identifiable Information" ("Non-PII") (collectively, "Personal Information"). Personally Identifiable Information is information that can be used to identify you as an individual or allow someone to contact you, as well as information attributed with such information. Non-Personally Identifiable Information is aggregated information, demographic information, IP addresses and any other information that does not reveal your specific identity.

Collection of Personally Identifiable Information:

Collection of Non-Personally Identifiable Information: When you visit and interact with the Services, Godiva and third parties which have contracted to provide services to Godiva may collect Non-PII such as a catalog of the Site pages you visit. Non-PII is generally collected through server log files, environmental variables, cookies, web beacons, other similar technologies and information that you voluntarily provide.

Additionally, we may aggregate PII in a manner such that the end-product does not personally identify you or any other user of the Services.  For example, we may use PII to calculate the percentage of our users who have a particular telephone area code. Such aggregate information is considered Non-PII for purposes of this Policy. Please note that if we combine any Non-PII with PII, the combined information will be treated by us as PII as long as it is so combined.

By using our Services, you consent to our use of these tracking technologies as described above.

Social Media: We maintain a presence on several social media and blogging platforms, such as Instagram, Facebook, Pinterest and Twitter. Through these platforms and features, we receive some Personal Information and some usage information about you on the Services, and this Policy applies to that information as well.  In addition, third party social media platforms and blogging platforms have their own privacy policies which explain how the third parties that provide them will use and protect your information.  In accordance with those policies (and your privacy settings within your social media accounts) information about your activities on our Services may be published to your social media.

Our Services may include features and functionalities that allow you to share information with us that you have already provided to a third party social media platform.  For example, you may be able to create an account on our Services or log-in to our Services using your Facebook account or other third party credentials.  If you do so, then Personal Information or other data that you have provided to that third party will be made available to us, pursuant to the third party’s terms and conditions, and you consent to our use of that information in accordance with this Policy.  The information we receive from that third party may depend on the privacy settings you have on the third party site.

We also include tools on our Services that allow you to share and/or publicly post content or information from our Services to your profile on a third party social media.  Third party social media platforms and blogging platforms have their own privacy policies which explain how they will use, protect and share your information, including any information you share on those platforms from our Services, and we encourage you to read them.

How We Use Collected Information:  We or our service providers may use the Personal Information we collect from and about you to perform the following business functions:

Notwithstanding any other provision of this Policy to the contrary, we reserve the right to disclose PII and/or Non-PII to others as we believe appropriate (a) to comply with legal process; (b) to respond to governmental requests; (c) to enforce our Terms of Use; (d) to protect the rights, privacy, safety or property of Godiva, you or others; and (e) to permit us to pursue available remedies or limit the damages that we may sustain.  We may disclose any information, including PII, we deem necessary, in our sole discretion, to comply with any applicable law, regulation, legal process or governmental request. We may also exchange information, including PII, with other companies and organizations for credit fraud protection, risk reduction, and to address cyber security risks and/or data breaches. In the event of a merger, reorganization, sale, joint venture, consolidation or sale or transfer of all or substantially all of our company, its stock, or its assets (including, without limitation, in connection with any bankruptcy or similar proceedings), it is possible that all User information collected by Godiva.com will be transferred to the purchaser or the new company.

Because Non-PII does not personally identify you, we may use such information for any purpose. In addition, we reserve the right to share such Non-PII with other third parties, for any purpose.

We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Policy unless a longer retention period is required or allowed by law.

  1. NOTIFICATION OF INFORMATION SHARING / THIRD PARTY ADVERTISING

We work with third parties who provide services including but not limited to Services operation, payment processing and authorization, data analysis, order fulfillment, client support, list enhancement and other administrative services. We may share Personal Information with such third parties for the purpose of enabling these third parties to provide services to us. Such service providers may include client support specialists, webhosting companies, client data management and enhancement companies, payment processors, fulfillment companies (e.g., companies that fill product orders or coordinate mailings), data analysis firms and email service providers. Such third parties may be provided with access to Personal Information needed to perform their functions, but may not use such information for any other purpose. Our employees and service providers may be located in foreign jurisdictions, and your Personal Information may be subject to the laws of those foreign jurisdictions and/or accessible to law enforcement and other authorities.

We may also share your Personal Information , including your name, address, email address, as well as a record of any transactions you conduct on our Services or offline with us with a third-party advertising partner and its service providers in order to deliver to you banner advertisements and other advertising tailored to your interests when you visit certain websites. Our advertising partner will make the data we provide to it anonymous. To learn more about the use of this information or to choose not to have this information used by our third-party advertising partner by opting out, please visit the Network Advertising Initiative by clicking here. Since Godiva does not control these third party cookies, please check the privacy policy of the Internet advertising company or advertiser to see whether and how it uses cookies. Note that if you delete your cookies, use a different browser, or buy a new computer, you will need to renew your opt-out choice.

We may also disclose certain Personal Information when we believe in good faith that disclosure is necessary to protect our rights or property, protect your safety or the safety of others, investigate fraud or respond to a government, judicial or other legal request, or to comply with the law.

  1. THIRD-PARTY SITES

The Services may contain links to third-party websites. These linked sites are not under Godiva's control and we are not responsible for the privacy practices or the contents of any such linked site, or any link contained in any linked site. We provide such links only as a convenience, and the inclusion of a link on the Services does not imply endorsement of the linked site by Godiva. If you provide any Personal Information through any such third-party website, your transaction will occur on the third party's website (not the Site) and the Personal Information you provide will be collected by, and controlled by the privacy policy of, that third party. We recommend that you familiarize yourself with the privacy policies and practices of any third parties. PLEASE NOTE THAT THIS POLICY DOES NOT ADDRESS THE PRIVACY OR INFORMATION PRACTICES OF ANY THIRD PARTIES.

  1. SWEEPSTAKES/PROMOTIONS

Godiva.com sometimes includes notices of sweepstakes or other promotions we are conducting, and we may permit you to enter electronically in some cases. If that occurs, we will use the information you provide for the purpose of conducting the promotion (e.g., to contact you if you are a winner in connection with a promotion). In addition, we may participate in internet related promotions sponsored by third parties. In these instances, if you are a participant in such promotions, we may provide certain Personal Information to these third parties in furtherance of the promotion. These parties have agreed to hold this information in confidence, not use it for any purpose except to carry out the requested service, and honor our privacy and security policies in the way this information is handled.

  1. MARKET RESEARCH

From time to time, Godiva.com may also conduct questionnaires and surveys and we may contact you via email, postal mail or phone. Survey information is treated like all of the information we collect, and it is used to help us improve the appeal of our products and our Services.

  1. UPDATING, DELETING, EDITING YOUR MEMBER INFORMATION

A Member can access, review and/or correct all of their personally identifiable information that was provided to us online by visiting the following URL: https://www.godiva.com/sign-in. If a Member wishes to have their account deleted, the Member can send an email requesting the deletion to letters@godiva.com.

  1.   LIVE CUSTOMER SERVICE ASSISTANCE

Godiva.com offers Users live customer service assistance. Users of this service may disclose PII to Godiva.com. This PII is used to help facilitate the customer service representative in assisting with the inquiries they receive from the User.

  1. JURISDICTION

The Services are controlled and operated by Godiva from the United States, does not intend to collect Personal Information from residents of any country other than the United States, and is not intended to subject Godiva to the laws or jurisdiction of any state, country or territory. Godiva does not represent or warrant that the Services, or any part thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the Services, do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit Service availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

  1. SECURITY

We have security measures and tools, such as firewalls, in place to help protect against the loss, misuse and alteration of the information under our control. Godiva also uses Secure Sockets Layer (SSL) technology. SSL encrypts the data submitted to our Services so that only we can decode your information, so long as SSL is supported by your web browser and enabled when your information is submitted. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of your account has been compromised), please notify us of the problem as soon as possible by contacting us in accordance with Section 14 ("Contacting Godiva.com") below (note that if you choose to notify us via physical mail, this will delay the time it takes for us to respond to the problem). To safeguard your privacy, we need your help.  When registering an account on the Services, please be sure to choose an account password that is difficult for others to guess, preferably a password you do not use on any other website or account, and never reveal it to anyone else.  If you use a shared or public computer, DO NOT choose to have your login ID or password remembered and be sure to log out of your account completely every time you leave the computer.  Also, please verify that your web browser has a secure connection to the Services before entering any Personal Information and avoid including PII in e-mails to us (particularly credit card or banking information).

  1. OPTING OUT

If you would rather not receive marketing emails from us, please opt out by clicking the unsubscribe link at the bottom of any emails you receive from us. If you have an account and you would like to stop receiving marketing emails from us, please opt out by clicking here. If you would rather not receive our mail order catalog or other Godiva mailings to your postal address, please let us know by emailing customer service at letters@godiva.com or call us at 800.946.3482.

Additionally, gift recipients may, from time to time, receive our latest catalog as well as offers from us regarding new products and services that we think may be of interest to them. We allow gift recipients the option to opt out of receiving future marketing related communications from us.

We will endeavor to comply with your request as soon as reasonably practicable and in accordance with applicable law. Please note that if you opt-out as described above, we will not be able to remove Personal Information about you from the databases of third parties with which we have already shared Personal Information as of the date that we implement your opt-out request.  If you wish to cease receiving marketing-related e-mails from third parties, please contact such third parties directly or utilize any opt-out mechanisms set forth in their respective privacy policies or marketing-related e-mails.

If you would rather not receive mailings from our third parties, please also email us at letters@godiva.com or write to us at Customer Care, Godiva Chocolatier, Inc., 1 Meridian Boulevard, Suite 3C-1, Wyomissing, Pennsylvania 19610.

11. YOUR CALIFORNIA/RHODE ISLAND PRIVACY RIGHTS

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit here.

Some states permit their residents to request certain details about how their information is shared with third parties for direct marketing purposes. However, in such cases, a business may not be required to provide this information if it permits residents to opt in to, or opt out of, this type of sharing.  If you are a resident of such states, Godiva.com may disclose your personal information to third parties for their use in marketing to you unless you tell us not to. In order to opt out of our third-party mailings, please email us at letters@godiva.com or write to us at Customer Care, Godiva Chocolatier, Inc., 1 Meridian Boulevard, Suite 3C-1, Wyomissing, Pennsylvania 19610.

12. CHANGES TO THIS POLICY

We may change this Policy from time to time.  When we do, we will let you know by posting the changed Policy on this page with a new “Effective Date.”  In some cases (for example, if we significantly expand our use or sharing of your Personal Information),  we may also tell you about changes by additional means, such as by sending an e-mail to the e-mail address we have on file for you.   In some cases, we may request your consent to the changes.

13. DO NOT TRACK DISCLOSURE

Some browsers or other tools include "Do Not Track" (DNT) features which, when turned on, send a signal to websites you visit indicating that you do not wish to be tracked across websites over time. The Worldwide Web Consortium (W3C) has been working with industry groups and regulators to develop a DNT browser technology standard to provide a common understanding as to how to interpret the DNT signals. As of the date of publication of this Privacy Policy, no standard had been adopted and, accordingly, Godiva does not currently respond to DNT signals. As the DNT standard develops, Godiva reserves the right to modify the Policy in response.  However, until such time as explicitly stated herein, Godiva will not recognize DNT tags or labels.

14. CONTACTING GODIVA.COM

If you have any questions about our Policy, you can e-mail us at letters@godiva.com or contact us by mail at Godiva Chocolatier, Inc., 1 Meridian Boulevard, Suite 3C-1, Wyomissing, Pennsylvania 19610. We will be happy to answer your questions or address your concerns.

Please note that e-mail communications will not necessarily be secure.  Accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.

Effective Date: REV 1 04-02-2020